Harding v. Whitney

This is an action by the appellant against the appellee, in which there was a jury trial, and a verdict and judgment for the defendant. The parties are the owners of adjoining lands, and the plaintiff alleges that the defendant had obstructed and diverted the flow of a stream of water from its natural channel, and caused it to run upon his lands, to his damage. Pie prayed for judgment for two thousand dollars damages, for the removal of the obstruction, and for a perpetual injunction, etc.. The answer of the defendant was a general denial, and, secondly, that the plaintiff had previously…